SB1383: Inspections, Progress, and Update
In California, SB1383 inspections are underway for those businesses that have been formally designated as Commercial Edible Food Generators.
In order to be in compliance with the bill, these food generators must have documented arrangements (aka: a written agreement or contract) with a food recovery organization. Additionally, SB1383 also outlines requirements regarding weight reporting, record keeping, and general documentation.
On the other side, jurisdictions (counties) also have responsibilities outlined within the bill; jurisdictions are responsible for notifying food generators that they must comply with SB1383, inspecting food generators to monitor compliance, and imposing penalties on those who may be in violation of the bill’s requirements.
In turn, Calrecycle (California Department of Resources Recycling and Recovery) is responsible for ensuring that all jurisdictions themselves are in compliance with SB1383. Calrecycle reviews food recovery information (i.e. annual weights, documentation) and waste hauling data submitted by the counties.
If a particular jurisdiction is found to be in violation of the bill, they may be penalized in the same way that a food generator might be. For more information regarding compliance, check out Calrecycle’s SB1383 Enforcement FAQ.
Progress
According to CalRecycle, since the January 2022 implementation of SB1383’s first phase, nearly 80% of California counties now report having residential organic waste collection on-site. CalRecycle also reports that essentially every county in California has expanded their food recovery efforts, and close to 220 thousand tons of food was recovered in 2023 alone.
As of January 2024, ‘Tier two’ generators are now expected to be in compliance with SB1383 - leading to even more waste being diverted from landfills and more edible food being recovered. Tier two food generators include the following types of facilities:
Restaurants with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
Hotels with an on-site food facility and 200 or more rooms.
Health facilities with an on-site food facility and 100 or more beds.
Large venues that are permanent and annually seat or serve an average of more than 2,000 individuals within the grounds of the facility per day of operation. Large venues include but are not limited to stadiums, arenas, fairgrounds, and amusement parks.
Large events that charge an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event. Large events include but are not limited to flea markets and sporting events.
State agencies that have a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
Local education agencies with an on-site food facility.
Facilities that meet the above criteria should have already established a relationship with a local or national food rescue organization - if not, they should do so as soon as possible.
Here at Replate, we’ve worked closely with health facilities (which are a type of Tier 2 generator), like CommonSpirit, to establish statewide plans for food recovery in their hospital kitchens.
Other Tier 2 partners of ours, like The Chase Center (Golden State Warriors) in San Francisco, established their plans for compliance well before the January 2024 deadline! They’ve already donated more than 20 tons (40,000+ lbs) of food – highlighting the critical importance of getting these types of large venues on a consistent food recovery plan.
Updates
In addition to the edible food recovery piece, California Senate Bill 1383 also outlines new requirements regarding organic waste hauling/separation.
Since the initial passing of the bill, several amendments have been proposed to this particular portion of SB1383, including:
SB 972 (Providing technical assistance for SB 1383’s provisions)
SB 1045 (Zoning support for compost facilities)
SB 1046 (Permitting support for compost facilities)
AB 2346 (Easing organic material procurement requirements)
According to Waste Dive, these amendments, which are in various stages of being passed in the Senate and Assembly, are based on 2023 statistical data from the Little Hoover Commission, an independent oversight agency. This data showed that California was behind on a few targeted reduction metrics, and these amendments would better enable counties to enact effective waste separation and reduction strategies.
On the food rescue front, while no specific amendments have been officially introduced yet, many food generators still find themselves doing outreach to establish food recovery strategies with FROs who best fit their needs. SB1383 mandates that these food generators ‘must have documented arrangements’ with a food recovery organization - if a designated Tier 1 or 2 food generator finds themselves without such documentation, they may be penalized during an inspection.
2025 is the target year for SB1383’s main goals: a 75% reduction in landfill waste, and a food recovery rate (for all edible food) of 20%. As Q3 of 2024 comes to a close, and we head into Q4, insights from this year may invite further amendments to SB1383.
Even more excitingly, insights from 2024 could inspire new climate legislation altogether!